Anil Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73144 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Anil Rajbanshi Son Of Arjun @ Arjun Rajbanshi Resident Of Village - Jobkala, P.S. - Rajauli, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 09 of 2023, instituted under Section 30(a)(d) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 40 litres country made liquor, three motorcycles and 1500 litres of Jawa Mahua from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent. He has not committed any offence. Nothing has been recovered from his possession. He has no concern with the seized liquor and motorcycles. He has falsely been implicated in this case on the basis of suspicion. It is further submitted that similarly situated co-accused has already
Patna High Court CR. MISC. No.73144 of 2023(2) dt.10-11-2023 2/2 been granted anticipatory bail by a co-ordinate Bench of this Court, vide order dated 16.10.2023 passed in Cr. Misc. No. 62771 of 2023.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Rajauli P.S. Case No. 9 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T